Wisconsin Labor and Industry Review Commission --
Summary of Wisconsin Court Decision relating to Unemployment Insurance

Subject: Ralph A. Aiken  v. Village of Elm Grove and LIRC, Case No. 786-525 (Wis. Cir. Ct., Milwaukee Co., March 10, 1988)

Digest Codes: MC 659.01

The employe was caught sleeping in a vehicle at work in September 1986 and warned that repetition of such conduct would not be tolerated.  He was again caught sleeping in a vehicle at work in February 1987, was again warned, given a two-day suspension and was urged to see a doctor about his problem.  He was also told that a repetition would result in discharge.  He was again caught sleeping on the job in March 1987, while sitting on a parked piece of heavy equipment with the motor running.  He was discharged.  On each occasion he denied sleeping on the job and also denied there was any problem.  After his discharge he consulted a physician who diagnosed narcolepsy.

The final incident above occurred  when the employe felt drowsy and drove the equipment into a concealed area and then went to sleep, as opposed to falling asleep.   Under the circumstances his behavior amounted to misconduct and benefits were denied.

Held: Affirmed. If the employe's action on the third occasion had not been intentional it might not have amounted to misconduct, but here it was deliberate.

Please note that this is a summary prepared by staff of the commission, not a verbatim reproduction of the court decision.

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